United States v. Davis’s Empirical Analysis
212 F.2d 264 · 1954
Citation profile
94 federal appellate · 4 district · 9 state decisions
How this case has been cited
Cited by 125 later decisions — most recently September 2008 · most notably Shelton v. United States (1957), Kadwell v. United States (1963)
94 federal appellate · 4 district · 9 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on United States v. Hayman · Smith v. O'Grady · United States v. Sturm · Bergen v. United States
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 125 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A brief discussion with the defendant regarding the nature of the charges may normally be the simplest and most direct means of ascertaining the state of his knowledge. Or there may be other circumstances from which it is evident that the defendant has the requisite understanding.” (Citations omitted.) (Emphasis added.)”
3 later decisions quote this exact passage““It is not open to doubt that the defendant’s motion alleges matters of a serious and substantial character. ‘Real notice of the true nature of the charge against him’ is a right granted to the accused by the Constitution and it is indispensable to a valid plea. Smith v. O’Grady, 312 U. S. 329 , 334, 61 S.Ct. 752 , 85 L.Ed. 859 . Where it fairly appears that a plea of guilty ‘was made under some mistake or misapprehension’ the accused should be permitted to withdraw it. Bergen v. United States, 8 Cir., 145 F.2d 181 , 187. This principle is clearly implied in Rule 11 of the Federal Rules of Criminal Procedure, 18 U.S.C. : * * * This rule is stated in mandatory language and the court is not relieved of the duty which it imposes solely because the accused, as here, is represented by counsel of his choice. The rule is simply and concisely stated, and it makes no such exception.” [Emphasis ours.]”
2 later decisions quote this exact passage““ * * * that he permitted the plea of guilty to be entered in reliance upon the representation of his attorney that the indictment charged him with a conspiracy and not with substantive offenses; that he was under a misconception as to the nature of the charges against him; that he was thus misled and deceived by his attorney; that, therefore, his plea of guilty was not entered voluntarily, and accordingly the judgment is void.””
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.